Questions employers are asking about Biden plan to vaccinate the unvaccinated

When President Joe Biden announced his COVID-19 action plan on September 9, he focused on six main components. Let’s take a closer look at the “vaccinate the unvaccinated” segment and its impact on employers.

Fines of up to $14,000 per violation

Almost 80 million Americans who are eligible to be vaccinated haven’t gotten their first shot. The president has directed the Occupational Safety and Health Administration (OSHA) to develop a rule requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to produce a negative test at least weekly before coming to work.

OSHA will issue an emergency temporary standard (ETS) to implement the requirement for larger employers. The ETS will require them to give workers paid time off (PTO) to get vaccinated and recover from any side effects. The agency would have the authority to fine businesses that don’t comply up to $14,000 per violation.

OSHA has the authority to issue an ETS without using the regular rulemaking process only if it determines: